Franke's, Incorporated v. Bennett

Appellee brought this action against appellant to recover damages for injuries she sustained by reason of having eaten sea scallops in appellant’s cafeteria, which, she alleged were unwholesome and unfit for human consumption. She relied upon an implied warranty of fitness of the food and prayed damages in the sum of $3,000. The answer was a general denial. Trial resulted in a verdict and judgment for $3,000, from which comes this appeal.

The principal reliance of appellant for a reversal of the judgment is that there is no evidence that the scallops were unwholesome and unfit for consumption,…